New forms and delays of administrations
In the dossier the Ance takes stock of the changes approved within the unified conference and on the dates provided by the agreement reached to make the updated forms available. The Regions should have adapted the models according to regional regulations by 9 Maywhile i Municipalities They were called to make available the updated versions of building permit, wake, alternative trail to the building permit and Cila By 23 May last.
Two de facto de facto deadlines. As for the regions, in fact, At the moment only Basilicata, Campania, Lazio, Liguria, Tuscany and Umbria moved. None specific announcement from the Municipalities.
Administrative transparency and inertia of entities
So what happens at this point? How should those who intend to submit a building intervention application? Will need Wait for 30 days And then the bodies will still have to run the new provisions.
As a note from the Ance, in fact, for this reason it is necessary to refer to the provisions of article 1, paragraph 3, of the agreement reached at the Unified Conference. This text recalls article 24, paragraphs 3 and 4 of Legislative Decree 90/2014 “Urgent measures for the simplification and administrative transparency and for the efficiency of the judicial offices”. Article 24 deals with “Agenda of administrative simplification and standard modules”, and paragraph 3 establishes that “the Government, the Regions and the Local Authorities, in implementation of the principle of loyal collaboration, conclude, in the unified conference, agreements pursuant to article 9 of the legislative decree 28 August 1997, n. 281 or understood pursuant to article 8 of the law of 5 June 2003, n. 131, taking into account, taking into account, taking into account, specific regional regulations, one unified and standardized forms throughout the national territory for the presentation to public regional administrations and local authorities of requests, declarations and reports with reference to construction and the start of production activities. Regional and local public administrations use unified and standardized forms in terms set with the aforementioned agreements or understanding; Citizens and businesses can still use thirty days from the same terms“.
As if to say: if the agreement is there but the PA do not provide to make the new models available The rules must be applied anyway, therefore citizens and technicians have the right to assert them. In this case it is a question of making a “copy and paste” between the old models of 2021 and the additions indicated in the agreement.
DIY models if the Municipality does not adapt
The additions proposed in the agreement implement the simplifications introduced by the Salva Casa decree on:
- change of intended use;
- assessment of conformity in the event of partial discrepancies and essential variations;
- assessment of conformity in the hypothesis of absence of title or total discrepancy;
- legitimate state;
- declaration of tolerances;
- provisions for assets subjected to bond.
Finally, update the box to uniform it to the changes made.
Operationally, therefore, The agreement has not approved a new forms, but the additions to be included in use to allow you to submit applications to the Municipality In light of the new provisions. Consequently, in the light of the provisions of the law expressly referred to by the agreement itself, the Municipalities From 23 June they will however be required to accept the requests that refer to the provisions of the Salva Casa Decreeeven if these are presented on the basis of the updated “do it yourself” forms, that is, with a “Copy and paste” between the old models of 2021 and the additions indicated in the agreement. In fact, the Ance points out that the agreement at the Unified Conference still has direct effectiveness, guaranteeing certainty application and consistency between rules and practices.
Stop the checks on previous titles
To the municipalities still in trouble, precise indications also arrive also from the ANCI and precisely on one of the points still the subject of debate, namely that relating to the need or not to verify previous securities the purposes of ascertaining the legitimate state of the property.
Well on this point the general deputy secretary of Anci Nazionale, Stefania Dota, was very clear. “In the absence of a definitive jurisprudential orientation – he underlined during an official meeting – The indications of the MIT are applied that do not require the retroactive verification of all previous securities”
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